1999-11-08 CITY COUNCIL REGULAR MEETING MINUTES243
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON NOVEMBER 8, 1999, AT 7:30 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
The meeting was called to order with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
William Berger
Councilmember
Helen Beckman
Councilmember
Richard Tetens
Councilmember
Klaus Seeger
Deputy City Manager
Alan Mueller
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Absent: Councilmember Larry Wilkins and City Manager Glen Erwin.
Others in attendance: Executive Director,P.E.D.C. Mike Chance; Deputy City Manager
Alan Mueller; Police Chief J.C. Doyle; Director of Community Development & Services
Gene Tumlinson; Parks & Recreation Director Ed Hersh; Assistant City Attorney Nghiem
Doan; Project Manager Michael Ross; Purchasing Officer Gordon Island; Grants
Coordinator Chris Kidwell; W & S Production and Treatment Superintendent Bobby
Whisenant.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Councilmember Beckman, and Mayor Pro -Tem Berger
announced that in honor of Veterans Day we have the current Commander of VFW Post
No. 7109 Renee Gurerreo who is a Vietnam Veteran will be presenting the United States
Flag. Carrying the Texas Flag is Past -Commander Wesley Halik. Mayor Pro -Tem asked
them to post the Colors, and lead the Pledge of Allegiance.
APPROVAL OF MINUTES:
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve the minutes of the October 25, 1999, Joint Public Hearing held at 6:30 p.m.; the
minutes of the October 25, 1999, Public Hearing held at 7:00 p.m.; the minutes of the
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October 25, 1999, Regular Council Meeting held at 7:30 p.m.; and the minutes of the
November 1, 1999, Special Meeting held at 6:30 p.m.
Voting "Aye" Councilmembers Seeger, Berger, Tetens, and Beckman.
Voting "No"
Motion Passed 4 to 0, with Councilmember Wilkins absent.
MAYOR'S ACTIVITY REPORT
Executive Director of Keep Pearland Beautiful, Delores Fenwick, gave a brief presentation
regarding the City's waste collector (Waste Management) starting a separate collection
for yard trimmings, and gave an update of that Task Force's activity.
Mayor Reid reported that on October 27 he attended a Council Planning Workshop; on
October 28 he attended the Brazoria County Partnership Annual Meeting, the Ribbon
Cutting for Park Manor Seniors Home, and the School Band Reception; on November 1
he attended the PEDC Monthly Board Meeting, and the TIRZ No. 2 Board of Directors
Meeting; on November 2 he attended the AARP Monthly Meeting in which he presented
a proclamation, proclaiming AARP Month in Pearland, and he also attended the Pearland
School District Education Improvement Committee Meeting; November 4 he attended the
Census 2000 Meeting, and the Citizen Police Academy Graduation; on November 5 he
attended the NASA/JSC Open House.
Commander of VFW Post No. 7109 Commander Renee Gurerreo and Past -Commander
Wesley Halik presented a certificate, and plaque of appreciation to Mayor Reid, the City,
and Parks and Recreation Director, Ed Hersh.
COUNCIL ACTIVITY REPORTS
Councilmember Beckman announced that the annual "Tour de Lites" bicycle ride through
the Green Tee Subdivision will be Saturday, December 11, 1999. The funds that have
been raised by this function are used for hike and bike trails. She also announced that the
Adult Reading Center is also having their fund raiser, which will be a Garage Sale and it
is scheduled for Thursday, Friday, and Saturday, which will be November 11,12, & 13.
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Councilmembers Tetens, Berger, and Seeger stated that they did not have anything to
report at this time.
CITY MANAGER'S REPORT
City Manager Glen Erwin was absent from the chambers, as he was on vacation.
Deputy City Manager, Alan Mueller, reported there is a workshop scheduled for November
29, for the Highway 35 project, and if it is acceptable, we will also discuss the yard waste
curb side pick up that same evening. Mr. Mueller also reported that the City had a large
water main break on FM 518 near the water well, and caused that well to be taken out of
service, resulting in low water pressure. He further reported that in the process of fixing
that leak, a leak on Highway 35 was located that had apparently been leaking for a while,
and it will also be corrected.
CITIZENS
Charles McMurrey, 5209 Spring Branch Dr., addressed Council regarding the overpass
that is to be constructed on Magnolia. He also addressed his concerns regarding the
location of the overpass, and the possibility of the overpass being constructed atthe Bailey
Road extension.
Nancy Bowen, 2608 Country Club, addressed Council regarding her concerns about the
traffic in Green Tee, and the Yost Road / Scarsdale Road extension, and gave a brief
presentation regarding this issue.
Sue Ann Angelo, 2923 Country Club, addressed Council regarding her concerns aboutthe
traffic in Green Tee, and the Yost Road / Scarsdale Road extension, and also gave brief
presentation regarding this issue.
Becky Cornelius, 2415 Golfcrest, addressed Council regarding her concerns about the
traffic in Green Tee, and the Yost Road / Scarsdale Road extension, and gave brief
presentation regarding the connection of Yost Road to Scarsdale.
Martha Foster, 3011 Country Club, addressed Council regarding her concerns about the
traffic in Green Tee, and the Yost Road / Scarsdale Road extension. She gave brief
presentation regarding the impact to Pearland caused by blocking Scarsdale extension to
518.
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246
Robert Lister, 2103 Kilkenny, addressed Council regarding his concerns about the traffic
in Green Tee and the Yost Road / Scarsdale Road extension. He also gave a brief
presentation regarding this issue, and asked that Pearland Parkway be opened.
Judy Hickman, 2507 Green Tee, addressed Council regarding her concerns about the
traffic in Green Tee, and the Yost Road / Scarsdale Road extension. She gave a
presentation regarding this issue and also addressed the petition that has been submitted
opposing the opening of Yost Road. She also gave a brief overview of a traffic study,
regarding the number of homes, and streets that are most affected with high volumes of
traffic.
Catherine O'Brien, 3010 Country Club, addressed Council regarding her concerns about
the traffic in Green Tee, and the Yost Road / Scarsdale Road extension. She gave a brief
presentation regarding this issue. She also addressed several other arterial streets in the
Pearland area, that are being connected to help create a better traffic flow in their areas.
In closing she stated that the Council should consider completing Pearland Parkway,
connect Scarsdale to Yost, and get started on the renovation of Dixie Farm Road.
Al Stryk, 3210 Patricia, addressed Council and gave a brief history regarding the drainage
on Patricia Lane. Mr. Stryk further addressed his concerns regarding storm drainage on
his street, and in his neighborhood.
Leo Chmielowiec, 3206 Patricia Lane, addressed Council and also expressed his concerns
regarding drainage on Patricia Lane.
DOCKETED PUBLIC HEARINGS: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 935 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY HAS ESTABLISHED
GUIDELINES AND CRITERIA FOR GRANTING TAXABATEMENT PU RSUANT TO
RESOLUTION NO. R98-59; DESIGNATING AND DESCRIBING A
REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE #7), IN
ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX
ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS SOUGHT ARE
FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE LAND TO BE
INCLUDED IN THE ZONE AND THE MUNICIPALITY AFTER THE EXPIRATION
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247
OF THE TAX ABATEMENT AGREEMENT; AUTHORIZING THE CITY MANAGER
TO SIGN TAX ABATEMENT AGREEMENTS WHEN APPROVED BY THE CITY
COUNCIL; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE;
PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE.
B. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-354 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND
USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING LOT 2-I, A 0.784 ACRE PARCEL
IN THE J.W. MAXEY SURVEY, A-721, ACCORDING TO THE DEED RECORDS
OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 791) (9322 W. STERLING)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF ALICE M.
KEMP, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE,
AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
C. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-355 - AN ORDINANCE OF THE CITY COUNCIL OF
.-- THE CITY OF PEARLAND, TEXAS,AMENDING ORDINANCE NO. 509, THE LAND
USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING LOT 10, CAS -CON ADDITION,
SECTION 2, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 18,
PAGE 200, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION
NO. 759) (5807 RAZA) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE
REQUEST OF ERNEST SANCHEZ JR, OWNER, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT.
D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-359 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITYOF PEARLAND, TEXAS,AMENDING ORDINANCE NO. 509, THE LAND
USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
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248
CERTAIN REAL PROPERTY LOCATION BEING A 3.300 ACRE TRACT OUT OF
LOT 39, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION
8, H.T. & B.R.R. CO. SURVEY, A-504, RECORDED IN VOLUME 2, PAGES 23-24,
PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 645)
(2230 GARDEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO MOBILE HOME PARK DISTRICT (MH) AT THE REQUEST OF
MICHAEL VAVRICKA, OWNER, PROVIDING FOR AN AMENDMENT OF THE
LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT.
E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-360 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITYOF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND
USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING TRACTS 125A & 128A,
APPROXIMATELY 20.00 ACRES, OUT OF THE A.C.H. & B. SURVEY, A-147,
ACCORDING TO THE MAP OR PLAT RECORDS OF BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 814) (JOHN LIZER ROAD) FROM CLASSIFICATION
GENERAL BUSINESS DISTRICT (GB)TO SINGLE FAMILY DWELLING DISTRICT
(R-1) AT THE REQUEST OF MAURIS HARDCASTLE, AGENT FOR ROY W.
WILLIAMS, JR., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND
USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT.
F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-361 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND
USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING 0.460 ACRES, A.K.A. TRACT
30A1, H.T. & B.R.R. CO. SURVEY, A-309, PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 757) (2414 OLD CHOCOLATE BAYOU
ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD)
Page 6 of 28 -11/8/1999
249
TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF LONNIE
TURNER, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING ASAVINGS CLAUSE, A SEVERABILITY CLAUSE,
AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-362 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND
USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING LOT 8, BLOCK 7, WEST LEA
SUBDIVISION, SECTION 2, ACCORDING TO THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 809) (7108 WEST LEA LANE)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF MELODY J.
HUBBARD, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE,
AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
H. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-363 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITYOF PEARLAND, TEXAS,AMENDING ORDINANCE NO. 509, THE LAND
USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING LOTS 11 & 12, BLOCK 8,
HICKORY CREEK PLACE SUBDIVISION, H.T. & B.R.R. CO. SURVEY, A-219,
RECORDED IN VOLUME 11, PAGES 1 & 2, PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 811) (6405 KELLY) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF RALFORD & METTA
RIGGLE, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING ASAVINGS CLAUSE, ASEVERABILITY CLAUSE,
AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Page 7 of 28 - 11/8/1999
250
CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-364 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO.509, THE LAND
USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND,
TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING A TRACT SITUATED IN LOT 9,
ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SUBURBAN
GARDENS, SECTION 20, H.T. & B.R.R. CO. SURVEY, A-506, RECORDED IN
VOLUME 2, PAGE 23, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 812) (2330 STERLING ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-1) AT THE REQUEST OF DARREN & JOAN GARNER, OWNERS,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE
DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
approve Ordinances Nos. 935, 509-354, 509-355, 509-359, 509-360, 509-361, 509-362,
509-363, and 509-364, on their second and final reading.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger.
Voting "No"
Motion Passed 4 to 0, with Councilmember Wilkins absent.
MATTERS REMOVED FROM CONSENT AGENDA: None.
NEW BUSINESS
COUNCIL ACTION - RESOLUTION NO. R99-94 -A RESOLUTION AUTHORIZING AND
DIRECTING THE APPROPRIATE CITY OFFICIALS TO TAKE CERTAIN ACTION TO
PROTECT THE SPECIAL INTEREST OF THE CITY OF PEARLAND IN CERTAIN
LITIGATION; MAKING FINDINGS AND PROVIDING PARTICIPATION.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R99-94.
Voting "Aye" Councilmembers Seeger, Berger, Tetens, and Beckman.
Page 8 of 28 - 11/8/1999
Voting "No" None.
2 5 t..
Motion Passed 4 to 0, with Councilmember Wilkins absent.
COUNCIL ACTION - FIRST READING OF ORDINANCE NO. 938 - AN ORDINANCE
GRANTING A PERMIT AND CONSENT TO PG&E TEXAS PIPELINE, L.P., ITS
SUCCESSORS AND ASSIGNS, TO MAINTAIN, USE, AND OPERATE CERTAIN
NATURAL GAS TRANSMISSION PIPELINES ALONG, ACROSS, AND UNDER PUBLIC
PROPERTY AND RIGHTS OF WAY IN THE CITY OF PEARLAND, TEXAS.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Tetens, to approve
Ordinance No. 938 on its first reading.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Wilkins absent.
COUNCIL ACTION - RESOLUTION NO. R99-96 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 AUTHORIZING THE
ISSUANCE OF $4,690,000 UNLIMITED TAX BONDS, SERIES 1999.
Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Berger, to approve
Resolution No. R99-96.
Deputy City Manager, Alan Mueller stated that Municipal Utility District No. 6 is a portion
of the Silverlake Development, and prior to the MUD being able to issue debt they needs
the City's approval. The City Manager and City Attorney have reviewed their request, and
it is Staffs recommendation that it be approved.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
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259
COUNCIL ACTION - RESOLUTION NO. R99-95 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONFIRMING AND READOPTING ITS
CONSENT TO THE CREATION OF MUNICIPAL UTILITY DISTRICT NO. 6.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R99-95.
Deputy City Manager, Alan Mueller stated there are errors in the some of the facts in the
original ordinance, and this is a procedural item to correct that.
City Attorney, Darrin Coker, stated that Council will be seeing another resolution similar
to this in the future because of M.U.D. Nos. 2 & 3, are in the same situation. There is a
slight infringement on our one -hundred foot strip, and we want to go ahead and clarify that.
Voting "Aye" Councilmembers Seeger, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
COUNCIL ACTION - TO AMEND ORDINANCE NO. 930 IN CONNECTION WITH THE
ISSUANCE OF THE CITY OF PEARLAND $8,000,000 IN WATERAND SEWER SYSTEM
ADJUSTABLE RATE REVENUE BONDS, SERIES 1999 AND TAKE ANY OTHER
ACTIONS NECESSARY IN CONNECTION THEREWITH.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
proceed with the issuance of the City of Pearland $8,000,000 in Water and Sewer System
adjustable rate revenue bonds, series 1999 and take any other actions necessary in
connection therewith.
Frank Ildebrando Financial Consultant, Dane Rauscher, stated that a month ago the
Council adopted an order authorizing the issuance of $8,000,000 worth of water and sewer
revenue bonds. He gave an overview of the adjustable rates of the bonds and the options
available. Mr. Ildebrando recommended that the City place $4,000,000 into the two-year
rate and $4,000,000 and into the three-year rate. In closing he stated due to the City's
good finances, and excellent credit rating, the City is able to obtain these good rates.
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"r3
Rick Witte Attorney, Mayor, Day, Caldwell, & Keeton, stated that the ordinance being
considered, simply amends the Bond Ordinance that was adopted a month ago. This
amendment will provide for the two rates as discussed by Mr. Ildebrando.
Mayor Pro -Tem Berger stated that Mr. Ildebrando's recommendation is definitely the way
to go, the rates are going to go up, and will be probably sooner than later.
Voting "Aye" Councilmembers Seeger, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
COUNCIL ACTION - TO DISCUSS THE RENAMING OF THE "McHARD ROAD
OVERPASS" AS REQUESTED BY THE PEARLAND ECONOMIC DEVELOPMENT
CORPORATION BOARD OF DIRECTORS.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Tetens, to discuss
the renaming of McHard Road Overpass to Mark Belt as recommended by the Board of
Directors of the Pearland Economic Development Corporation.
Calvin Collier, 3402 Nottingham, addressed Council and stated that he is on the Board of
Directors of the P.E.D.C. He gave a brief history of his reasons for supporting the
renaming of McHard Road to Mark Belt Road and overpass.
P.E.D.C. Executive Director, Mike Chance, addressed Council and stated that the Board
wanted to rename McHARD Road from Highway 35 to Mykawa, and to also include the
overpass.
Mayor Pro -Tem Berger stated that he does not have any problem with the name. His
concern is that the City is finalizing the Comprehensive Plan, and he feels that it is too
soon to rename McHard until the City knows what the final mobility plan will be, and would
like the street name to be continuous.
Councilmember Beckman stated that she did not have a problem with the name Mark Belt,
and further stated that is does get confusing when you start chopping road names up. She
also stated that in the best interest of the people of Pearland, the road should remain
named McHard Road.
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254
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Beckman, to table
for further consideration.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
COUNCILANDPOSSIBLEACTION- REGARDING ANAPPLICATION FROM HOUSTON
AREA COMMUNITY SERVICE TO MOVE IN CLOTHING DONATION DROP BOXES TO
BE LOCATED AT 2700 YMCA DRIVE AND 3412 BROADWAY.
Counci[member Seeger made the motion, seconded by Mayor Pro -Tem Berger, to approve
an application from Houston Area Community Service to move in clothing donation drop
boxes to be located at 2700 YMCA Drive and 3412 Broadway.
Deputy City Manager, Alan Mueller, reported that the owner has requested the Council
only consider a drop box to be placed at 3412 Broadway.
Director of Community Development & Services, Gene Tumlinson, gave a brief
presentation of where the drop box will be located.
Councilmember Beckman, stated that she has a concern about drop boxes, and the City's
past experience with them.
Mayor Pro -Tem Berger stated that he is concerned, because none of the documentation
show how any organizations in Pearland will benefit from the drop box.
Additional discussion ensued between the Council and Staff.
Voting "Aye" None.
Voting "No" Councilmembers Seeger, Berger, Tetens, and Beckman.
Motion Failed 4 to 0, with Councilmember Wilkins absent.
Page 12 of 28 -11/8/1999
255
r--
FIRST AND ONLY READING OF ORDINANCE NO. 926 -AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENAMING EAST SUMAC DRIVE AS
SUMAC DRIVE; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND
A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND
FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO
ASSIGN STREETS DISSIMILAR NAMES TO PREVENT CONFUSION AMONG
EMERGENCY SERVICE PROVIDERS INURES TO THE BENEFIT OF THE GENERAL
PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND
WELFARE OF THE CITIZENRY.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 925 on its first and only reading.
Voting "Aye" Councilmembers Seeger, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
FIRST AND ONLY READING OF ORDINANCE NO. 939 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENAMING PINE STREAM AS
PINE STREAM DRIVE; A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A
REPEALERCLAUSE; PROVIDINGAN EFFECTIVE DATE, FOR PUBLICATIONAND FOR
CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEEDTOASSIGN
STREETS DISSIMILAR NAMES TO PREVENT CONFUSION AMONG EMERGENCY
SERVICE PROVIDERS INURES TO THE BENEFIT OF THE GENERAL PUBLIC AND,
THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF
THE CITIZENRY.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 939 on its first and only reading.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
Page 13 of 28 11/8/1999
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COUNCILACTION -RESOLUTION NO. R99-90 -ARESOLUTION AND ORDER OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CASTING VOTES FOR
CANDIDATES FOR THE BRAZORIA COUNTY APPRAISAL DISTRICT BOARD OF
DIRECTORS.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Tetens, to approve
Resolution No. R99-90 casting 184 votes for Dennis Frauenberger.
Voting "Aye" Councilmembers Seeger, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
COUNCIL ACTION - RESOLUTION NO. R99-91 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO A TAX ABATEMENT AGREEMENT WITH
PACKAGING SERVICE CO., INC. ("PSCI") FOR PURPOSES OF ABATING THE
INCREASED VALUE OF THE PROPERTY OWNED BY PSCI AT 1904 MYKAWA WITHIN
THE CITY LIMITS OF PEARLAND AT A RATE OF ONE HUNDRED PERCENT (100%)
FOR A PERIOD OF THREE (3) YEARS BEGINNING JANUARY 1, 2001, AND ENDING
DECEMBER 31, 2003, AND AT A RATE OF FIFTY PERCENT (50%) FOR A PERIOD OF
ONE (1) YEAR BEGINNING JANUARY 1, 2004, AND ENDING DECEMBER 31, 2004;
FINDING AND DETERMINING THAT TERMS OF SAID AGREEMENT AND PROPERTY
SUBJECT TO THE AGREEMENT MEET THE REQUIREMENTS OF CHAPTER 312 OF
THE TAX CODE, V.A.T.S. ASAMENDED, ORDINANCE NO. 933, WHICH ESTABLISHED
REINVESTMENT ZONE #6, AND THE GUIDELINES AND CRITERIA FOR GOVERNING
REINVESTMENT ZONES AND TAX ABATEMENT AGREEMENTS SET FORTH IN
RESOLUTION NO. R98-59.
Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Berger, to
approve Resolution No. R99-91.
P.E.D.C. Executive Director, Mike Chance, stated that this is one of our industries in town
that is expanding. The City has to review an Impact Study regarding this tax abatement
and also the impact it will have on the community. Mr. Chance gave an overview of the
Impact Study.
Page 14 of 28 - 11/8/1999
257
Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
COUNCIL ACTION - RESOLUTION NO. R99-92 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE CITY'S
PARTICIPATION IN THE GALVESTON COUNTY NARCOTICS TASK FORCE;
AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE DOCUMENTS
NECESSARY TO FACILITATE GALVESTON COUNTY'S GRANTAPPLICATION TO THE
CRIMINAL JUSTICE DIVISION OF THE GOVERNOR'S OFFICE; AND SETTING FORTH
OTHER PROVISIONS RELATED THERETO.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R99-92.
Voting "Aye" Councilmembers Seeger, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
FIRST AND ONLY READING OF ORDINANCE NO. 936 -AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN
THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON MANCHESTER LANE
INANORTHERLY DIRECTION AT ITS INTERSECTION WITH LONDON COURT, UPON
MANCHESTER LANE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH
LONDON COURT (ALEXANDER LANDING, SECTION 5); PROVIDING A PENALTY FOR
VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A
REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND
FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO
ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE
TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH,
SAFETY AND WELFARE OF THE CITIZENRY.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 936 on its first and only reading.
Page 15 of 28 -11/8/1999
25P
Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
COUNCIL ACTION - RESOLUTION NO. R99-97 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING BID NO. B98-052 FOR
EXPANSION OF THE LONGWOOD WASTEWATER TREATMENT PLANT AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A
CONTRACT FOR SAID EXPANSION.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R99-97.
Project Manager, Michael Ross, gave a brief presentation regarding the bids received for
this project. Mr. Ross stated that staff recommends the acceptance of the low bid and
award of contract to LEM Construction Company, Inc., in the amount of $1,683,040.
Voting "Aye" Councilmembers Seeger, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
COUNCIL ACTION - RESOLUTION NO. R99-98 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING BID NO. B99-001 FOR
EXPANSION OF THE BARRY ROSE WASTEWATER TREATMENT PLANT AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A
CONTRACT FOR SAID EXPANSION.
Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Berger, to approve
Resolution No. R99-98.
Project Manager, Michael Ross, gave a brief presentation regarding the bids received for
this project. Mr. Ross stated that staff recommends that the City reject the low bid by
Peltier Brothers and accept the second low bid and award the contract to LEM
Construction Company, Inc., in the amount of $577,800. Staff also recommends that the
City cash the 5% bid bond from Peltier Brothers.
Page 16 of 28 - 11/8/1999
Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
COUNCIL ACTION - AWARD OF BID NO. 99-087 LIBRARY FURNISHINGS AND
MOVING SERVICES.
Councilmember Beckman made the motion, seconded by CouncilmemberTetens to award
Bid No. B99-087 for Library Furnishings to Interiors of Texas, Bastrop, Texas, in the total
bid in the amount of $40,857.53 and the Moving Services to The D&B Company, Houston,
Texas in the total bid amount of $20,288, for a total amount of $61,145.53.
Purchasing Agent Gordon Island reviewed the bids received for the Library Furnishings,
and Moving Services. Mr. Island stated that Staff recommends for the library furnishings
it be awarded to Interiors of Texas, Bastrop, Texas, in the total bid in the amount of
$40,857.53 and for Moving Services to The D&B Company, Houston, Texas in the total bid
amount of $20,288, for a total amount of $61,145.53.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger.
Voting "No" None.
Motion passed 4 to 0, with Councilmember Wilkins absent.
COUNCIL ACTION - RESOLUTION NO. R99-93 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO EXECUTE A CONTRACT BY AND BETWEEN A PUBLIC
NEWSPAPER OF GENERAL CIRCULATION IN THE CITY, AND THE CITY OF
PEARLAND, FOR THE PURPOSE OF PROVIDING PUBLICATION OF ALL LEGAL
NOTICES FORA TERM OF ONE YEAR, AS THE OFFICIAL NEWSPAPER OF THE CITY,
PURSUANT TO THE CITY OF PEARLAND CHARTER.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R99-93.
Page 17 of 28 - 11/8/1999
260
Purchasing Agent Gordon Island reviewed the bids received for a twelve-month contract
forthe "Official Newspaper" for the City. Mr. Island stated that Staff recommends awarding
of the bid for the "Official Newspaper" based on the lowest and best responsible bid to the
Pearland Reporter News, Pearland, Texas in the amount of $.35 per line per column (legal
ads) less 5% discount for payment in fifteen days. The estimated contract value based on
historical data is $21,000. This contract represents a $.0675 or 16.9% (with discount) price
reduction from the previous contract.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
COUNCIL ACTION - DISCUSSION REGARDING A PARK LAND DEDICATION
ORDINANCE.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Beckman, to adopt
the Park Land Dedication Ordinance as presented in draft form by City Staff, and also to
amend the Subdivision Ordinance to include this ordinance.
Jack Click, 1509 Pine Grove, addressed Council and stated that he supports the adoption
of this ordinance. It is being done elsewhere and is being accepted, like in Friendswood,
Sugarland, League City, and Missouri City. Mr. Click said he would like for the City to keep
pace and increase the park land in the City.
Dwayne Lum, 3632 Lee Lane, addressed Council and stated that he is the Chairman of
the Park's Board, and they are aware of the rapid growth of Pearland. He said the City has
nice parks today. However, with the increasing use of land it may be difficult in the future
to purchase land for parks. As a solution this ordinance would help build neighborhood
parks.
City Attorney, Darrin Coker, stated that if Council wants to adopt this ordinance in draft
form, he could put the finishing touches on it prior to the second reading. Mr. Coker further
stated that with the adoption of this ordinance for every one -hundred dwelling units there
would be one acre of land dedicated and there are also options where it is not feasible to
donate park land there is an option of a cash deposit of $350. per dwelling unit. Mr. Coker
stated once this is adopted it can be incorporated into the Subdivision Ordinance.
Page 18 of 28 - 11/8/1999
261
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
FIRST AND ONLY READING OF ORDINANCE NO. 509-376 -AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE
NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY
OF PEARLAND, TEXAS, FOR THE PURPOSE OF GRANTING A SPECIFIC USE
PERMIT FOR A SELF STORAGE FACILITY (PARTIALLY CLIMATE CONTROLLED
AND PARTIALLY NON -CLIMATE CONTROLLED BOAT AND R.V. STORAGE) ON
THE FOLLOWING PROPERTY, TO -WIT BEING APPROXIMATELY 8.23 ACRES OUT
OF AN 11.74 ACRE TRACT, PART OF LOTS 49 & 50, ALLISON RICHEY GULF
COAST HOME CO. SUBDIVISION, SECTION 85, H.T. & B.R.R. CO. SURVEY, A-304,
ACCORDING TO THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 813 & SPECIFIC USE PERMIT NO. 77) (CORNER OF FM 518 &
CR 93) FROM CLASSIFICATION GENERAL BUSINESS TO GENERAL BUSINESS
DISTRICT (GB) WITH A SPECIFIC USE (S) AT THE REQUEST OF JAMES
JOHNSON, AGENT FOR W.C. PROPERTIES, LTD., OWNER, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE; AND OTHER
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY
BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF
THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY
AND WELFARE OF THE CITIZENRY.
Councilmember Seeger made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 509-376 (Application No. 813 & Specific Use Permit No. 77)on
its first and only reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation to
approve Application No. Application No. 813 & Specific Use Permit No. 77, and also read
into the record that Council had requested this application to be presented as Specific Use
Permit No. 77 for a self -storage facility (partially climate control and partially non -climate
control boat and R.V. storage) to be considered on a first and only reading, which is being
done at this.
Page 19 of 28 -11/8/1999
26?
Bobby Stevener, 1905 Sleepy Hollow, addressed Council and stated that he is the only
neighbor that is impacted directly by this land use change. Mr. Stevener, also stated that
he does not have any objection to this land use change.
James M. Johnson, 900 Apollo Lane, addressed Council and stated he is the agent for
W.C. Properties, LTD., and thanked Council for their support of this land use change. He
further stated that the project is a benefit and will also offer a good service to the City.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
FIRST READING OF ORDINANCE NO. 509-366 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING 2.50 ACRES OUT OF THE EAST'/2 OF
LOT 44, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, H.T. & B.R.R. CO.
SURVEY, A-292, SECTION 29, RECORDED IN VOLUME 2, PAGE 101, PLAT RECORDS
OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 794) (CR 128) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY
INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF STEVEN E. ESTEP, OWNER,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING
A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Berger, to
approve Ordinance No. 509-366 (Application No. 794) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 794.
Councilmember Tetens stated this is the southern entry into the City and is right on the
highway.
Page 20 of 28 -11/8/1999
26.
Councilmember Beckman stated there are several industrial area in that area now.
Councilmember Seeger stated the businesses around that area now M-1.
Mayor Pro -Tem Berger also stated that he has a concern with that area being zoned heavy
industrial.
Additional discussion ensued among Mayor, Council, and Staff.
Voting "Aye" None.
Voting "No Councilmembers Seeger, Berger, Tetens, and Beckman.
Motion Failed 4 to 0, with Councilmember Wilkins absent.
FIRST READING OF ORDINANCE NO. 509-367 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING LOT 41 &.254 ACRES OF LOT 40, IN
THE W.D.C. HALL SURVEY, A-70, BRAZORIA COUNTY, TEXAS (APPLICATION NO.
827) (1920 BROADWAY) FROM CLASSIFICATION SINGLE FAMILY DWELLING
DISTRICT (R-1) TO OFFICE PROFESSIONAL DISTRICT (OP) AT THE REQUEST OF
BEVERLY BROWN, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 509-367 (Application No. 827) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 827.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
Page 21 of 28 -11/8/1999
264
FIRST READING OF ORDINANCE NO. 509-368 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING 1.1671 ACRE TRACT OUT OF LOT 3,
ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECTION 85, H.T. & B.R.R.
CO. SURVEY, A-304, RECORDED IN VOLUME 2, PAGE 107, PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 833) (2401 SMITH RANCH ROAD)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL
BUSINESS DISTRICT (GB) AT THE REQUEST OF JOHN H. GEHRING, OWNER,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING
A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 509-368 (Application No. 833) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 833.
Voting "Aye" Councilmembers Seeger, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
FIRST READING OF ORDINANCE NO. 509-369 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING 86.618 ACRES OF LAND OUT OF THE
JOHN W. MAXEY SURVEY, A-721 AND THE ALLISON-RICHEY GULF COAST HOME
CO. SUBDIVISION, RECORDED IN VOLUME 2, PAGE 23, PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 836) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT(SD)TO SINGLE FAMILY DWELLING DISTRICT
(R-3) AT THE REQUEST OF KEN CAFFEY, AGENT FOR AMVEST PROPERTIES, INC.,
OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE
AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Page 22 of 28 - 11/8/1999
^F5
Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Berger, to approve
Ordinance No. 509-369 (Application No. 836) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 836.
Ken Caffey, 1013 N. Amy, addressed and gave a brief overview of the project, and stated
that this project consist of approximately 120 acres, and is a continuation of the Sunrise
Lake project.
Councilmember Tetens stated that he hates to see a large number of R-3 lots going in.
The lake and everything makes the area they are working on like an R-2 density.
Mr. Caffey stated that Pulte is the prime builder in this subdivision, and the homes will
range from $130,000-$220,000.
Mayor Pro -Tem Bergerstated that he understands and agreeswith CouncilmemberTetens
regarding R -3's. He stated taking into consideration the area, it is a quality subdivision and
he will be supporting it.
Mayor Pro -Tem Berger asked Director of Community Development & Services, Gene
Tumlinson, if in the future, the developers can do more R-2 (PUD) Planned Unit
Developments.
Director of Community Development & Services Gene Tumlinson stated that he would
work on it.
Voting "Aye" Councilmembers Beckman, Berger, and Seeger.
Voting "No" Councilmember Tetens.
Motion Passed 3 to 1, with Councilmember Wilkins absent.
FIRST READING OF ORDINANCE NO. 509-375 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE .OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING LOT 22, BEING 10.00 ACRES,
ALLISON-RICHEY GULF COAST HOME CO. SUBDIVISION, IN THE H.T. & B.R.R. CO.
Page 23 of 28 - 11/8/1999
266
SURVEY, A-304, RECORDED IN VOLUME 2, PAGES 107 & 108, PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 652) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT
THE REQUEST OF JOHN TAYLOR, AGENT FOR THE RITSON MORRIS
CORPORATION, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Berger, to
approve Ordinance No. 509-375 (Application No. 652) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
tQ approve Application No. 652.
Councilmember Tetens said he again agrees with the statement he just made. The City
has too many R-3 areas. There are seven other tracts around this one that are zoned R-3.
Deputy City Manager, Alan Mueller, stated that this is part of In -City Municipal Utility
District No. 19, the Autumn Lakes Subdivision. This particular tract when the M.U.D. was
first put together was an out -tract. This was one of the parcels recently annexed into
M.U.D. No. 19, and is part of that overall development.
Mayor Pro -Tem stated that he does not plan to support anymore R -3's, however, he will
support this land use change since is part of this particular project.
Voting "Aye" Councilmembers Seeger, Berger, and Beckman.
Voting "No" Councilmember Tetens.
Motion Passed 3 to 1, with Councilmember Wilkins absent.
FIRST READING OF ORDINANCE NO. 509-370 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING APPROXIMATELY 60 ACRES OUT OF
SECTION 12, H.T. & B.R.R. CO. SURVEY, A-508, ACCORDING TO THE PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 820) (SOUTHEAST
CORNER OF MAGNOLIA AND VETERANS) FROM CLASSIFICATION COMMERCIAL
Page 24 of 28 -11/8/1999
267
DISTRICT (C) TO SINGLE FAMILY DWELLING DISTRICT (R-2) AT THE REQUEST OF
DWAIN EVANS, AGENT FOR FLYMA THOMPSON , ELLIOT CAGE, AND CATHERINE
CAGE BURNS, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 509-370 (Application No. 820) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 820.
Councilmember Beckman stated that this subdivision backs right next to an M-2. She
asked if there is a Commercial strip between the two.
Dwain Evans, Agent for Flyma Thompson Elliot Cage, and Catherine Cage Burns, stated
that they are open too trying to do something. It has been proposed that they put
oleanders along a ten foot easement to give a buffer. There are other buffers provided for
this project, and these will be seventy-foot lots.
Councilmember Beckman stated that she was concerned on the type of industry that could
come in next to this residential area, and future residents being upset about being next to
an industry.
Additional discussion among Mayor, Council, and Mr. Evans ensued.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO.
509-371 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE
PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY
LOCATION BEING APPROXIMATELY 18.4 ACRES OUT OF LOT 1, T.D. YOCUM, A-399,
A.C.H & B. SURVEY, A-146, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 835)
Page 25 of 28 -11/8/1999
268
(JOHN LIZER ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT -
BUSINESS DISTRICT (SD -B) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE
REQUEST OF JAY ATCHLEY, AGENT FOR DAN M. WARRALL, OWNER, PROVIDING
FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, ASEVERABILITY CLAUSE, AN EFFECTIVE DATEAND OTHER PROVISIONS .�
RELATED TO THE SUBJECT.
Mayor Pro -Tem Berger made the motion, seconded by CounciImember Tetens, to approve
Ordinance No. 509-371 (Application No. 835) on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 835.
Councilmember Tetens stated that about a year ago this property was considered for
another type of land use, and it was denied. Now it has come back as an R-1 which is the
highest and best use of the land.
Voting "Aye" Councilmembers Seeger, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
FIRST READING OF ORDINANCE NO. 509-372 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING LOT 2, BLOCK 10, HICKORY CREEK
PLACE SUBDIVISION, H.T. & B.R.R. CO. SURVEY, A-219, RECORDED IN VOLUME 11,
PAGES 1 & 2, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO.
810) (6322 KELLY DRIVE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD)
TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF TIM L. & MARY
HAYDEN, OWNERS, PROVIDING FORAN AMENDMENT OF THE LAND USE DISTRICT
MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE
DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Page 26 of 28 -11/8/1999
269
FIRST READING OF ORDINANCE NO. 509-373 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING LOT 17, SOMERSETSHIRE ESTATES,
H.T. & B.R.R. CO. SURVEY, A-546, ACCORDING TO THE PLAT RECORDED IN
VOLUME 16, PAGE 281, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 816) (3410 KING ARTHURS COURT) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT
THE REQUEST OF JOE CORDELL, OWNER, PROVIDING FOR AN AMENDMENT OF
THE LAND USE DISTRICT MAP; CONTAINING ASAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT.
FIRST READING OF ORDINANCE NO. 509-374 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING LOT 4, BLOCK 2, ROBIN COVE
ADDITION, AS RECORDED IN VOLUME 18, PAGE 159, PLAT RECORDS OF BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 817) (5406 ROBIN SOUND) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-1) AT THE REQUEST OF CALVIN D. BRITSON, OWNER, PROVIDING
FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, ASEVERABILITY CLAUSE, AN EFFECTIVE DATEAND OTHER PROVISIONS
RELATED TO THE SUBJECT.
Councilmember Seeger made the motion, seconded by Mayor Pro -Tem Berger, to approve
Ordinance No. 509-372, 509-373, And 509-374 on their first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve Application No. 810, 816, and 817.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Wilkins absent.
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270
OTHER BUSINESS:
ADJOURNMENT
Meeting was adjourned at 10:45 p.m.
Minutes approved as submitted and/or corrected this the 22nd day of November 1999.
I L
Tom Reid
Mayor
ATTEST:
Page 28 of 28 - 11/8/1999